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Guillermo Oliva Carrera, deputy head of the Presidential Security Department, Juan
Daniel Del Cid Morales, Juan José Larios, and an individual whose surname is
Charchal. Final judgment is still pending in this trial, and only colonel Juan Valencia
Osorio has been convicted. The proceedings took place in six or seven controlling
courts, and in twelve or thirteen other courts, including chambers. For this reason,
she asked the Inter-American Court to order the appointment of an observer of the
proceedings until the final judgment is issued, bearing in mind that in the case of
Monsignor Gerardi the judgment that convicted those responsible for his death was
overturned in that instance, that the proceeding in the “Masacre de las dos Erres”
has been paralyzed for over two and a half years because 31 amparo remedies were
filed, and that in the Colotenango case the civil self-defense patrol members are
applying pressure to obtain their acquittal.
Fifteen days after the start of the September 3, 2002 trial, there were various threats
against the attorney who was helping her. They left messages with death threats
and fired against his house, for which reason he had to sent his daughters abroad.
The proceedings have been delayed, among other reasons, due to the use of a series
of delay tactics, such as abusively filing multiple amparo remedies. For example, in
2002 the defense counsel for the accused interrupted the trial alleging that she had
breached the rights of the daughter of her sister. The chamber accepted the amparo
remedy and annulled the trial, despite the fact that they were not even rights of the
accused. In another amparo remedy, on the issue of evidence, despite the fact that
it was not under the competence of that chamber but rather of the court, they
accepted it and even sought to eliminate all the documentary and testimonial
evidence supplied by the private accuser. In another amparo, they alleged that the
private accuser had not determined the points on which the expert witness would
render testimony, and the trial was suspended. At another time in the proceedings,
an order was issued for the case to remit from civil to military courts, which caused
years of delays discussing competence. At the start, the case was heard by civil
courts, but the defense counsel insisted that they be tried by a military court. The
judiciary either would not hear judicial actions or would obstruct them, precisely out
of fear. In 1996 they attempted to close the case, to backtrack it and to effect a
joinder with the trial against Beteta Alvarez. This discussion lasted three years, and
the judges who have attempted to do something have been threatened.
Seeking cover in official secret under Article 30 of the Political Constitution of the
Republic, the Ministry of National Defense refused to turn over documents that would
have helped prove the responsibility of the accused in this case. The requested
information was on normal operating and administrative procedures of the
Presidential Security Department, the record of vehicle authorizations of the
Presidential Security Department at the time, and her sister’s file, which the
Historical Truth-Finding Committee stated that they had seen at least in part, but all
this was denied. They also requested information on persons holding key positions
and especially whether they had been part of the intelligence system, and this was
rejected due to security reasons. In this regard, Guatemalan law is quite clear, and
it sets forth that the information must be provided when it is requested by a
competent judge, and it is for the judge to determine whether it is secret or not.
However, none of this information was supplied.
In the proceeding against the accessories, only one person was convicted, colonel
Juan Valencia Osorio, and now the appeal process was carried out on February 26,
2003. It cannot be said that all the direct perpetrators and accessories of the murder
have been convicted. There are other suspects of being accessories of her sister’s
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